When a family member is arrested, there is often a period of concern and worry because the family member cannot be reached. Sometimes the family member is deprived of the ability to use a telephone during their initial period of incarceration. A lawyer has greater access to see persons incarcerated, because the 6th Amendment to the United States Constitution guarantees the right to be represented by counsel. The following are some obstacles that a person has while initially incarcerated.
- The family may have concerns about the general health and well being of the incarcerated family member. This is especially true when the family member has a physical or mental health issue and needs to receive proper medication. In many instances jails deny persons incarcerated proper medical care and proper medication. The intervention of a lawyer sometimes can correct this situation.
- The family may have concerns that the incarcerated family member’s rights are not being protected. Often after an arrest a police agency will attempt to obtain a statement from the person arrested concerning what allegedly occurred. An individual who speaks to the police, especially without consulting with a lawyer, is at a great disadvantage. Police officers are trained at gathering evidence, which includes obtaining statements that are or seem to be incriminating. Police officers also sometimes try to obtain consent to perform searches of property. Sometimes the consent given can undermine the case or defense. Police are not supposed to question a Defendant that it knows is represented by a lawyer.